POST v. COMMISSIONER OF DEPT. OF ENVTL. QUALITY ENG'G


403 Mass. 29 (1988)

525 N.E.2d 666

MALCOLM B. POST, trustee, vs. COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING & another.

Supreme Judicial Court of Massachusetts, Norfolk.

July 18, 1988.


Attorney(s) appearing for the Case

Philipp G. Grefe (Bruce Medoff with him) for the plaintiff.

Reed Zars, Assistant Attorney General, for the defendants.

Present: HENNESSEY, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.


WILKINS, J.

In this action the Department of Environmental Quality Engineering (DEQE) obtained a ruling, on its motion for summary judgment, that the plaintiff trustee needed and did not have DEQE approval of plans for subsurface sewage disposal systems for condominiums on land in Mansfield. We conclude that the judgment in favor of DEQE must be reversed.

At the heart of this case is the requirement of the State Environmental Code (310 Code Mass. Regs. §...

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